The Court of Appeal has ordered Donna Asiimwe Kusemererwa, the National Drug Authority (NDA) Executive Director to vacate office.
The three justices led by Deputy Chief Justice Owiny Dollo dismissed an application in which Kusemererwa wanted a declaration by the High Court in 2017 that her appointment as the executive director of NDA unlawful and unjustifiable, quashed.
Other judges are Percy Tuhaise and Egonda Ntende.
In 2017, Justice Stephen Musota ruled that the position occupied by Kusemererwa was non-existent.
“A declaration that the position of the executive director in which the 2nd respondent [Ms Kusemererwa] was appointed was/is nonexistent and contrary to Section 54(2) of the National Drug Authority Act Cap 206,” the court held.
“An order of Mandamus do issue directing the Authority of the NDA (the 1st Respondent) to advertise the vacant position of secretary within 60 days from the day of this ruling including weekends and public holidays,” it added.
She replaced GordonKatende Ssematiko, who was sacked after an investigation in corruption scandals that rocked NDA.
Ssematiko had allegedly transfered up to Shs14 Billion from an official NDA account to an unauthorised fixed deposit account.
The latest development also bars Kusemererwa – Pharmaceutical Management Expert – from acting in the position of the Secretary to the authority.
“Having heard counsel on both sides, the applicant has not brought proper and fit reasons. We disallow the application,” Justice Dollo ruled.
The High Court decision came from a case in which the former Head of Drug Assessment and Registration at the authority, Florence Nakachwa sought for a judicial review challenging her contract termination.
Ms Nakachwa asked the court to declare that Ms Kusemererwa was illegally occupying the office as the executive director.
Kusemererwa has over two decades of experience in building, managing and strengthening pharmaceutical and health systems in Uganda. She has previously worked with the Joint Medical Stores as the General Manager and Ecumenical Pharmaceutical Network as an Executive Director.
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